On July 1, 2007, the Canada Shipping Act, 2001 (CSA 2001) replaced the old Canada Shipping Act (CSA) as the principal legislation that governs safety in marine transportation, recreational boating and the protection of the marine environment. It applies to Canadian vessels operating in all waters and to all vessels operating in Canadian waters (all vessels from canoes and kayaks to cruise ships and tankers).
The CSA 2001 is the result of extensive consultations with a wide range of marine stakeholders. It represents an updated and streamlined version of the original CSA, making it clearer and easier to understand. This will greatly assist the marine community to operate in a manner that is safer, more efficient and environmentally sound, and responsive to the needs of Canadians in a global economy.
Many regulations are being updated and new ones are being written. Some will have very little impact, while others will bring big changes. Some of the most important changes include administrative monetary penalties.
Transport Canada will still be able to lay charges against anyone who does not comply with the CSA 2001 or its regulations. This will occur only for serious offences. The CSA 2001 gives the department the right to issue Administrative Monetary Penalties for contraventions of the legislation.
The Administrative Monetary Penalties Regulations are new to the marine sector. They set up a penalty system that will apply to all vessel types except pleasure craft. (Note: A pleasure craft can be penalized with an Administrative Monetary Penalty [AMP] for environmental violation.) This new system will save time and money for everyone. Administrative monetary penalties provide a way, outside the courts, to enforce the law. This flexibility and efficiency will make the Transport Canada Enforcement Program more effective and in turn will improve the safety of the marine community, the marine environment and ultimately the general public. The regulations came into force on April 3, 2008.
From 2008 to 2012, Transport Canada issued 73 Notices of Violation related to pollution of the marine environment. Penalties totalled $488,200.
Anyone who is issued an AMP may request its review by the Transportation Appeal Tribunal of Canada. You can learn more at: www.tatc.gc.ca.
Visit the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca to learn more about Administrative Monetary Penalties Regulations or the Canada Shipping Act, 2001 Regulatory Reform Project. You may also call toll-free 1-866-879-9902 or 613-998-7764 in the National Capital Region.
